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(영문) 서울남부지방법원 2014.05.29 2014고정609
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 13, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 13, 2006, and on April 6, 2007, by the Seoul Northern District Court on April 1, 2007, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving).

Nevertheless, the Defendant, while under the influence of alcohol content of 0.062% on January 5, 2014, driven a vehicle with approximately 2 km from the front of the NC department store located in Gangseo-gu Seoul Metropolitan Government, to the road front of the KG department store located in Gangseo-gu Seoul Metropolitan Government to the airport of Gangseo-gu, Gangseo-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Legal statement of witness D;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Investigation report (at least three times a week);

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act bearing litigation costs [the sum of KRW 267,300 = the remuneration of attorney-at-law 214,300 won for the witness D: KRW 53,000 per day (= the travel expenses of KRW 50,000 per day)];

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